Politico: “An unprecedented move by President Donald Trump to grant himself a pardon during his remaining days in office could divide his handpicked Supreme Court majority. Court-watchers are bracing for an epic, intra-Federalist Society clash that could determine whether Trump — and future presidents — can declare themselves immune from criminal investigations even after leaving the White House. “I think it’s a very close question whether it would ultimately be allowed to go forward, but I think there’s a chance a self-pardon might be struck down and be found to be the only limit on the pardon power,” said Kristin Hucek, a former lawyer in the Justice Department’s Office of the Pardon Attorney. The Constitution contains no explicit bar to a president giving himself or herself a pardon, but some scholars contend the founders implied that the clemency power should not be used for self-dealing. The long-running legal debate, which has quickened in recent days amid reports that the president has discussed the idea of a self-pardon with aides, has gained fresh urgency now that Trump has stacked the court with three dyed-in-the-wool conservatives: Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. While most of the justices claim to be both textualists — meaning that they adhere closely to the literal words of the Constitution— and originalists — who believe the intent of the founders is crucial to interpreting the law — cleavages sometimes emerge and they might do so again in a case over the validity of a Trump self-pardon…”
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